BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

negotiation of the text of the CRPD. 41 The term “regional integration organization” is defined in Article 44 of the Convention as an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by the present Convention. Such organizations shall declare, in their instruments of formal confirmation or accession, the extent of their competence with respect to matters governed by the Convention. Such a declaration under Article 44 of the CRPD is contained in Annex II to the Council Decision of 26 November 2009 on the conclusion of the CRPD by the European Community. 42 The Council summarized the current status of EU competences in relation to the issues falling under the Convention. Firstly, the Council identified the exclusive competence of the EU regarding the compatibility of State aid with the common market, issues related to the Common Customs Tariff, and also the status of EU public administration. Secondly, the Council has identified relevant shared competences to address the following areas: combating discrimination on the grounds of disability, free movement of goods, persons, services and capital, agriculture, transport by rail, road, sea and air transport, taxation, internal market, equal pay for men and women, trans- European network policy, and statistics. A list of relevant EU legal acts is contained in an appendix to the Council Decision. The Council noted that the extent of EU competences must be assessed by reference to the precise provisions of each EU measure. Thirdly, the Council also pointed at some EU supporting competences that can be relevant to the implementation of the CRPD, such as the competences for a coordinated employment strategy, and the quality of education and the strengthening of economic and social cohesion. The Council Decision of 26 November 2009 indicates how complicated the delimitation of shared powers in the field of human rights protection can be. More precise rules for the interaction of EU bodies and Member States’ governments have been subsequently laid down in a Code of Conduct, which was adopted in November 2010 as an agreement between the Council, the Member States, and the Commission. 43 The Code of Conduct is based on the EU and Member States’ efforts to develop common positions. Even where compliance with the CRPD falls within their sovereign sphere, Member States, together with the EU, must strive to develop coordinated attitudes. For these purposes, the Code of Conduct specifies the role of the Council and its Presidency, working groups, the Permanent Representatives Committee, and the Commission. Based on the coordinated positions of the EU and Member States on issues of shared and supportive competences and the EU’s own positions on matters of exclusive competence, the Commission shall exercise voting rights in the bodies set up under the CRPD. Member States retain the right to exercise voting rights only if the bulk of the matter in question falls within their internal competences, always on the basis of coordinated or common positions. Only if no agreement can be reached between the Commission and the Member States, Member States can vote on matters that are clearly within their competence. 41 DE SCHUTTER, O., DE JESÚS BUTLER, I. Binding the EU to International Human Rights Law. Yearbook of European Law , 2008, 277-320, p. 19. 42 Official Journal L 23, 27 January 2010, p. 35-36. 43 2010/C 340/08.

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